MAIN PARTS OF THE ACT

Section 1 – The Line of Junction 
(land that is not built on from either side)

If the building owner intends to build on the line of junction, he must serve a notice of his intention to do so upon the adjoining owner.  In such circumstances the notice must be served at least one month before the works are due to commence. 

You may propose to build up to or astride the line of junction.

Upon receipt of the notice the adjoining owner may consent to the works, and should give this consent in writing to the building owner.

If the adjoining owner does not consent and a dispute arises between the owners, then party wall surveyors will need to be appointed to resolve the dispute. 

Section 2 – Works to the Party Wall, Party Fence Wall, Parry Structure, or Boundary Wall.

This includes works such as;

• Increasing the height of the Party Wall, e.g. forming a mansard roof for a loft conversion.
• Underpinning a Party Wall.
• Structural repairs to a Party Wall.
• Installing steel beams into a Party Wall.
• Removing a chimney from a Party Wall.

These are some common works that arise but many other works are also covered by the section.

If a Building Owner plans to carry out any such works a notice of intention to do so must be served at least two months before works are due to commence.

The Adjoining Owner may consent to the works and should give this consent in writing to the Building Owner within 14 days of receipt of the Notice.

If the Adjoining Owner does not provide consent then a dispute is deemed to arise and a Party Wall Surveyor(s) will need to be appointed to resolve the dispute.

Section 6 – Excavation Work within Certain Distances from the Adjoining Property.

If a building owner wishes to excavate, e.g. foundations or drains, within 3m distance of an adjoining building or structure and the excavation will be to a lower depth than the Adjoining Owner’s foundation then you must serve a notice of your intention to do so, which under this section means any owner of a building or structure within 3m and not just the immediate neighbour.

The Notice must be served at least one month before the works are due to commence.

If a Building Owner wishes to excavate within 6m of the Adjoining Owner’s building or structure, and deeper than the Adjoining Owner’s building or structure, so that the excavations fall within a 45 degree plane drawn downwards from the lowest level of the Adjoining Owner’s foundations then he must also serve a notice.

Again, the Adjoining Owner here means an owner of a building or structure within 6m, not just the immediate neighbour.